M.Y.EQBAL, J. - (1.) IN these two writ petition, since common questions of law and facts are involved they have been heard together and are disposed of by this common order.
(2.) IN W.P.(C) No. 6837 of 2004, the petitioner under Article 227 of the Constitution of India has prayed for quashing the order dated 10.12.2004 passed by the Munsif, Lohardaga in Execution Case No. 04 of 2003 whereby he rejected the petitioner's objection purported to have been filed under Order XXI, Rules 97 and 99 read with Sections 57 and 151 of the Code of Civil Procedure challenging the executability of the eviction decree. In W.P.(C) No. 4498/2005, the same petitioner has prayed for quashing the order dated 13.10.2004 passed by the Additional District Judge, Lohardaga in Title Appeal No. 34 of 2003, whereby he has stayed the further proceeding of Execution Case No. 01 of 2004.
(3.) THE brief facts of the case, which are relevant, lie in a narrow compass: The petitioner filed Title Suit No. 16 of 1992 in the Court of Sub. Judge, Lohardaga seeking a decree for specific performance of a registered agreement dated 25.6.1983 rectified and confirmed by another registered agreement dated 15.6.1988 in respect of the suit properties comprising of a building situated at Village Nadia bearing M.S. Plot No. 377 and 378 within Lohardaga Municipality in the district of Lohardaga. The defendant -respondent contested the suit on the ground, inter alia, that he had agreed to mortgage his property, but the plaintiff -petitioner fraudulently got executed a registered agreement of sale. The learned Sub Judge in terms of judgment dated 10.9.2003 decreed the suit and directed the defendant -respondent to execute the sale deed within 60 days. The respondent filed Title Appeal No. 34 of 2003 challenging the judgment and decree passed in title Suit No. 16 of 1992. In the meantime, the petitioner executed the aforesaid decree in Execution Case No. 34 of 2003 and prayed for execution and registration of the sale deed in terms of the decree for specific performance. On the other hand, the respondent filed a suit for eviction in the year 1999 being Eviction Suit No. 01 of 1999 in the Court of Munsif, Lohardaga. The eviction suit was decreed on 1.8.2003. The present petitioner, who was the tenant, filed Title Appeal No. 30 of 2003. The said appeal was heard and finally dismissed on 16.11.2004. The petitioner thereafter filed Second Appeal No. 44 of 2005 which is pending. The respondent also levied Execution Case No. 01 of 2004 for executing the decree for eviction.;